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CHAPTER VI.

The origin of the
Federal Move-
ment-Deas
Thomson.

THE FEDERAL MOVEMENT IN

AUSTRALIA.

The federal movement in Australia owes its origin in part to a failure in 1842 to establish reciprocal freetrade conditions between the colonies of New South Wales, New Zealand and Van Diemen's Land. The Legislature of the parent colony purposed admitting the produce and manufactures of the other two colonies free of duty. The Secretary for the Colonies, however, refused to allow the proposed Act on the ground that British policy prohibited the colonies setting up differential duties, as they led to retaliation and protection. Curiously enough, the effect of this disallowance seemed to be to render tariff warfare between the colonies inevitable; the duties already imposed would tend to become heavier and so revenue tariffs to develop into protective tariffs. Fear of this led Deas Thomson, Colonial Secretary in New South Wales, to make the first suggestion of a federal union of the Australian colonies. Speaking through Governor Fitzroy, in 1846, he recom

mended the appointment of "some superior functionary" to whom could be submitted all measures passed by the various colonial Legislatures affecting intercolonial trade or the general interests of either England or Australia as a whole. To Deas Thomson, therefore, belongs the honour of having originated the federal movement. "In his fertile brain the idea first germinated, and to him Australia is indebted for its first recorded expression. He is par excellence the Father of Australian Federation." *

Acting on the suggestion, Earl Secretary of State for the Colonies,

Grey, Earl Grey's Adwhen

foreshadowing the separation of the Port Phillip district from New South Wales, made out a case for some sort of union between the colonies. "There are questions," the Minister affirmed, "which, though local as it respects the British possessions of Australia collectively, are not merely local as it respects any one of these possessions. Considered as members of the same Empire, those colonies have many common interests, the regulation of which, in some uniform manner and by some single authority, may be essential to the welfare of them all. Yet in some cases such interests may be more promptly, effectively and satisfactorily decided by some authority

* Allin, "Early Federation Movement of Australia," p. 55.

K

vocacy.

Recommendations

for Trade and Plantations.

within Australia itself, than by the more remote, the less accessive, and in truth the less competent authority of Parliament." * It might be arranged, he added, that the colonies. should co-operate in matters affecting their common interests, such as import and export duties, conveyance of letters and intercolonial roads and railways. The colonists, however, not having been consulted, regarded the Earl's constitutional suggestions as a piece of unwarranted interference on his part. Indignation meetings were the order of the day, even though the idea of a common congress was not unpopular.

The question was next given serious conby the Committee sideration by the Committee of the Privy Council for Trade and Plantations, to whose deliberations Australia's constitutional problem had been submitted. The Committee realised the necessity for uniformity in the matter of customs duties and for the abolition of border duties between the colonies, and thought that the danger of tariff warfare would be obviated by federation. It therefore recommended that one of the Governors should be constituted the Governor-General of Australia; that he should have power to convene a General Assembly (consisting of a single House of Delegates) but that the first convo

*Quoted by Egerton, "Federations and Unions in the British Empire," p. 41.

cation should be postponed until two or more of the local Legislatures requested him to summon it; and that the Delegates should be chosen by the various Legislatures, each colony sending two members at least, with an additional member for every 15,000 inhabitants. The last-mentioned arrangement was inserted with a view to giving New South Wales twelve members. and Victoria, South Australia, and Van Diemen's Land thirteen between them, whereas strictly proportional representation would have enabled the Mother Colony to outvote the other three colonies combined. It was suggested that the General Assembly should be empowered to impose duties, to legislate on such matters as letter conveyance. intercolonial roads and railways, shipping dues, lighthouses, weights and measures, and any other matter referred to them by the local Parliaments, and to raise funds by taking a percentage of the revenues of the various colonies. The question of military and naval defence was not mentioned. A General Supreme Court was to have power to hear appeals from the provincial courts.*

As the result of the Committee's report, clauses of a federal nature were introduced into the Bill of 1850 dealing with Australian

* Vide Egerton's "Federations and Unions within the British Empire," pp. 169-184.

Earl Grey's
Federal Clauses.

Constitutions. A powerful opposition, however, effected their removal, and henceforth it was felt that a satisfactory scheme of Australian Union must be worked out in Australia, not in England."

Earl Grey, however, could not entirely abandon the federal idea. The Governor of New South Wales (Sir Charles Fitzroy) was not only appointed Governor-General of the whole of Australia, but received four separate commissions as Governor of each of the colonies of New South Wales, Victoria, Van Diemen's Land and South Australia. The virtual Governors of the latter three colonies had to content themselves with the nominal title of Lieutenant-Governor. The GovernorGeneral was instructed not to interfere with his subordinates' local control, though he might act in matters of general concern, and even supersede a Lieutenant-Governor when on a visit to his colony. This system obtained for about five years, but was abandoned in 1856, when full gubernatorial rank was given to His Majesty's representative in each of the colonies. The title of Governor-General was maintained for another five years, but lapsed at the close of Sir William Denison's administration in 1861. Earl Grey's attempt to impose a federal system on the Australian Colonies

* Quick and Garran, "Annotated Constitution of the Austraian Commonwealth," p. 89.

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